These terms are an agreement between you and Apexium Marketing LLC ("we", "us") for the FluentMiles iPhone app (the "app") and the FluentMiles website. By using the app or the website, you agree to them. If you don't agree, please don't use them.
Safety comes first
Never look at or touch your phone while you drive. Obey all traffic laws and local laws about phone use, and use the app only when it's safe to do so. Set up your lesson before you start driving, and pull over if anything needs your attention. You, the driver, are always responsible for driving safely.
The app is designed to be used hands-free, but it can't judge road conditions, and it doesn't replace your attention. Don't use it if it distracts you. FluentMiles is not a navigation app. It doesn't give driving directions or change your maps.
Your license to use the app
We give you a personal, non-exclusive, non-transferable, revocable license to use the app on Apple devices you own or control, for your own non-commercial learning, as allowed by Apple's App Store rules. You may not copy, sell, rent or redistribute the app or its content, reverse engineer it except where the law allows, or use it to build a competing product.
Apple's standard license
Apple's Licensed Application End User License Agreement also applies to your use of the app. If it conflicts with these terms, these terms apply to the extent the law allows. These terms are between you and us, not Apple. Apple isn't responsible for the app or its content, and has no obligation to provide maintenance or support for it. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.
Subscriptions
Some content, FluentMiles Pro, requires a paid subscription. Route 1, two songs, Quick Reviews and the Phrasebook are free in every language.
- Subscriptions are sold and billed by Apple through your Apple Account. The price and billing period are shown before you buy.
- A subscription renews automatically at the end of each period, at the then-current price, unless you cancel it at least 24 hours before the current period ends. Your Apple Account is charged for the renewal within the 24 hours before the period ends.
- Manage or cancel your subscription in the iPhone Settings app: tap your name, then Subscriptions. Cancelling stops future renewals. You keep Pro until the end of the period you've paid for.
- Refunds are handled by Apple under its policies. You can request one at reportaproblem.apple.com.
- We may change prices. Apple will tell you before a price change applies to your subscription, as its rules require.
- Where Family Sharing is offered, members of your family group may use your subscription under Apple's Family Sharing terms.
Free trials and offer codes
We may offer a free trial, such as one week free on the yearly plan, to people who haven't subscribed before. Apple decides who is eligible. When a free trial ends, your subscription starts and you're charged automatically unless you cancel at least 24 hours before the trial ends. If you cancel during a trial, you may lose access to Pro right away, depending on Apple's rules.
Offer codes, including codes given through our Creator Program, are Apple offer codes, redeemed in the App Store under the terms Apple shows before you redeem. After any free time from a code ends, the subscription renews at the regular price unless you cancel.
Learning content
The lessons, phrases, translations, songs and cultural notes are for learning only. We work hard to make them accurate, but they may contain mistakes, and speech grading won't always hear you correctly. Don't rely on the app for anything where a mistake could matter, such as medical, legal or emergency communication. All songs in the app are original works.
The website
You agree not to misuse the website: don't try to break into it, overload it, scrape it in bulk, send spam through the contact form, or use it to break the law. The Creator Program has its own Creator Terms, which apply in addition to these terms if you join it.
Our content and trademarks
The app, the website and their content, including the FluentMiles name and logo, belong to us or our licensors and are protected by law. These terms don't give you any rights to them beyond the license above.
Ending these terms
You can stop using the app and the website at any time. We may suspend or end your access if you break these terms. The sections about safety, content ownership, warranties, liability and governing law continue to apply after these terms end.
No warranty
The app and the website are provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement, to the fullest extent the law allows. We don't promise that the app will be error-free, uninterrupted, or that it will make you fluent.
Limitation of liability
To the fullest extent the law allows, we won't be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, profits or goodwill, arising from your use of the app or the website. This includes any accident, injury or traffic violation connected with using the app while driving. Our total liability for any claim relating to the app or the website is limited to the amount you paid for FluentMiles in the 12 months before the claim. Some places don't allow these limits, so they may not all apply to you.
Changes to these terms
We may update these terms. If we do, we'll post the new version on this page with a new effective date, and for important changes we'll give notice in the app or on the website. If you keep using FluentMiles after the changes take effect, you accept the new terms.
Governing law
These terms are governed by the laws of the State of New Mexico, United States, without regard to its conflict-of-law rules, except where the law of the place you live requires otherwise.
Contact
Questions? Email help@apexium.team or use the contact form. Apexium Marketing LLC makes FluentMiles.